Discovery Dispute Remanded to N.J. State Court in Superstorm Sandy Coverage Case

NEWARK, N.J. — A New Jersey appellate court has remanded a discovery dispute in a Superstorm Sandy coverage case, ruling that the motion judge erred in holding that the documents at issue are not privileged without conducting an in camera review of the materials.

On July 27, the New Jersey Superior Court, Appellate Division, further held that the motion judge incorrectly ruled that there must be a finding, by a fair preponderance of the evidence, that the information sought cannot be obtained from a less intrusive source. The state supreme court has held that this stringent requirement must be narrowly …